BRANCH MANAGER Vs. MALATHI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the insurance company seeking pay and recovery alone.

(2.) The only contention made by the learned counsel for the appellant is that the Tribunal has failed to consider that at the time of accident, the driver of the Tractor-Trailer did not possess the endorsement in his driving licence to drive heavy motor vehicle namely, Tractor-Trailer which is violation of the policy conditions and therefore, the Tribunal ought to have exonerated the appellant or directed the appellant to pay the compensation to the claimants and then recover the same from the 4th respondent/owner of the Tractor-Trailer. In support of his contentions, he would rely on the following decisions:-

(3.) Per contra, the learned counsel appearing for the fourth respondent would submit that after elaborate discussions the Tribunal below held that the appellant and the fourth respondents are jointly and severally liable to pay compensation to the claimants and therefore, the finding of the Tribunal does not warrant interference and this appeal is liable to be dismissed. Hence, he prays for appropriate orders.